2017 -- S 0166 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY - CHILD PRODUCTS AND UPHOLSTERED

FURNITURE

     

     Introduced By: Senators Satchell, Coyne, Goldin, Archambault, and Sosnowski

     Date Introduced: February 01, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 23-26 of the General Laws entitled "Bedding and Upholstered

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Furniture" is hereby amended by adding thereto the following section:

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     23-26-3.1. Sale prohibition.

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     (a) Beginning on July 1, 2019, no manufacturer, wholesaler, or retailer may manufacture,

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knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding

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or furniture, which contains one hundred parts per million (100 ppm), or greater of any

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organohalogen flame retardant chemical. This class includes any chemical containing the element

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bromine or chlorine bonded to carbon that is added to a plastic, foam, or textile.

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     (b) A manufacturer of products that are banned from sale under this section, must notify

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persons or entities that sell the manufactured products in this state about the provisions of this

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section no less than ninety (90) days prior to the effective date of the ban.

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     SECTION 2. Sections 23-26-25 and 23-26-27 of the General Laws in Chapter 23-26

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entitled "Bedding and Upholstered Furniture" are hereby amended to read as follows:

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     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits.

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     (a) The director is hereby authorized and empowered to make general rules and

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regulations and specific rulings, demands, and findings for the enforcement of this chapter, in

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addition hereto and not inconsistent herewith. The director may suspend or revoke any permit or

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registration for violation of any provision of this chapter, or any rule, regulation, ruling, or

 

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demand made pursuant to the authority granted by this chapter.

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     (b) The director of the department of health shall investigate and enforce the provisions

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of §23-26-3.1, and promulgate rules and regulations deemed necessary to enforce it.

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     23-26-27. Penalty for violations.

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     Any person who:

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     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or

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lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this

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chapter; or

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     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in

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preparing cotton or other material therefor which has been used as a mattress, pillow, or bedding

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in any public or private hospital, or which has been used by or about any person having an

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infectious or contagious disease, and which after such use has not been sterilized and approved

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for use, by the director of business regulation; or

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     (3) Counterfeits or imitates any stamp or permit issued under this chapter shall be guilty

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of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or by

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imprisonment for not more than six (6) months or both.

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     (4) Any person or entity that violates the provisions of §23-26-3.1 shall be civilly fined

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not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars

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($10,000) for each subsequent violation.

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     SECTION 3. Sections 23-75-3 and 23-75-8 of the General Laws in Chapter 23-75

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entitled "Children's Product Safety Act" are hereby amended to read as follows:

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     23-75-3. Unsafe children's products -- Prohibition.

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     (a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease,

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sublet, or otherwise place in the stream of commerce, on or after January 1, 2004, a children's

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product that is unsafe.

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     (b) A children's product is deemed to be unsafe for purposes of this chapter if it meets

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any of the following criteria:

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     (1) It does not conform to all federal laws and regulations setting forth standards for the

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children's product.

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     (2) It has been recalled for any reason by an agency of the federal government or the

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product's manufacturer, distributor, or importer and the recall has not been rescinded.

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     (3) An agency of the federal government has issued a warning that a specific product's

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intended use constitutes a safety hazard and the warning has not been rescinded.

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     (c) A crib is presumed to be unsafe for purposes of this chapter if it does not conform to

 

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the standards endorsed or established by the Consumer Product Safety Commission, including,

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but not limited to, title 16 of the Code of Federal Regulations and the American Society for

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Testing and Materials, as follows:

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     (1) 16 CFR Part 1508 and any regulations adopted to amend or supplement the

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regulations.

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     (2) 16 CFR Part 1509 and any regulations adopted to amend or supplement the

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regulations.

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     (3) 16 CFR Part 1303 and any regulations adopted to amend or supplement the

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regulations.

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     (4) The following standards and specifications of the American Society for Testing

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Materials for corner posts of baby cribs and structural integrity of baby cribs:

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     (i) ASTM F 966-90 (corner post standard).

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     (ii) ASTM F 1169-88 (structural integrity of full-size baby cribs).

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     (iii) ASTM F 1822-97 (non-full-size cribs).

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     (d) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the

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following dangerous features or characteristics:

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     (1) Corner posts that extend more than one-sixteenth (1/16) of an inch.

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     (2) Spaces between side slats more than 2.375 inches.

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     (3) Mattress support that can be easily dislodged from any point of the crib. A mattress

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segment can be easily dislodged if it cannot withstand at least a twenty-five (25) pound upward

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force from underneath the crib.

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     (4) Cutout designs on the end panels.

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     (5) Rail height dimensions that do not conform to both of the following:

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     (i) The height of the rail and end panel as measured from the top of the rail or panel in its

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lowest position to the top of the mattress support in its highest position is at least nine (9) inches.

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     (ii) The height of the rail and end panel as measured from the top of the rail or panel in its

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highest position to the top of the mattress support in its lowest position is at least twenty-six (26)

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inches.

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     (6) Any screws, bolts, or hardware that are loose and not secured.

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     (7) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and

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free from splinters, splits, or cracks.

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     (8) Tears in mesh or fabric sides in a non-full-size crib.

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     (9) A non-full-size crib that folds in a "V" shape design does not have top rails that

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automatically lock into place when the crib is fully set up.

 

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     (10) The mattress pad in a non-full-size mesh/fabric crib exceeds one inch (1").

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     (e) Beginning on July 1, 2018, no manufacturer, wholesaler, or retailer may manufacture,

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knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding

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or furniture, which contains one hundred parts per million (100 ppm), or greater of any

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organohalogen flame retardant chemical. This class includes any chemical containing the element

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bromine or chlorine bonded to carbon that is added to a plastic, foam, or textile.

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     (f) A manufacturer of products that are banned from sale under this section, must notify

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persons or entities that sell the manufactured products in this state about the provisions of this

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section no less than ninety (90) days prior to the effective date of the ban.

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     23-75-8. Penalty.

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     (a) A commercial user who willfully and knowingly violates § 23-75-6 is guilty of a

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misdemeanor.

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     (b) Any person or entity that violates the provisions of §23-75-3(a) shall be civilly fined

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not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars

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($10,000) for each subsequent violation.

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     SECTION 4. Chapter 23-75 of the General Laws entitled "Children's Product Safety Act"

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is hereby amended by adding thereto the following section:

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     23-75-9. Enforcement.

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     The director of the department of health shall investigate and enforce the provisions of

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§23-75-3(e), and promulgate rules and regulations deemed necessary to enforce it.

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     SECTION 5. This act shall take effect July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - CHILD PRODUCTS AND UPHOLSTERED

FURNITURE

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     This act would prohibit the manufacture, sale, and distribution of residential upholstered

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furniture and upholstered bedding and children's products that contain certain amounts of a

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chemical containing the element bromide or chlorine bonded to carbon that is added to a plastic,

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foam, or textile.

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     This act would take effect July 1, 2019.

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